Sonu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.745 of 2024 Arising Out of PS. Case No.-665 Year-2023 Thana- Excise P.S. District- Aurangabad ====================================================== Sonu Kumar son of Puranmasi Singh Village Saina, PS Sheosagar District - Rohtas ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Santosh Kumar Pandey For the Opposite Party/s :

Mr.Md. Iftekhar Mahmood ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 24-01-2024 Heard learned counsel for the petitioner as well as the learned APP for the State.

2. The petitioner apprehends his arrest in connection with Aurangabad Excise P.S. Case No. 665 of 2023, registered for the offence punishable under Section 30(a) of the Bihar Prohibition and Excise (Amendment) Act, 2018.

3. As per allegation, the informant, on a secret information, raided the place of occurrence and seized 120.96 liters of illicit liquor from the alleged Maruti Alto car.

4. The learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case. He is a person of clean antecedent. Nothing was recovered from his conscious possession.

5. Section 76 (2) of the Bihar Prohibition and Excise Act,

Patna High Court CR. MISC. No.745 of 2024(2) dt.24-01-2024 2/2 2016 makes an explicit embargo on entertaining the application under Section 438 of the Cr.P.C.

6. If the petitioner surrenders and seeks regular bail before the learned court below, it shall be considered on the same day of its filing.

7. Accordingly, this petition is disposed of. (Nawneet Kumar Pandey, J) SONALI/- U T